PHILIP L. KIRKWOOD, APPELLANT,
v.
MARJORIE KIRKWOOD, APPELLEE

Fla. 2d DCA | 1978-12-20
No. 78-559
HOBSON, Acting C. J., and SCHEB, J., concur.
365 So. 2d 793 Florida District Court of Appeal, Second District (1978) Positive Treatment
Cited by 2 cases

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Holding

The court held that the supplemental final judgment should be amended to clarify the duration for maintaining life insurance for the benefit of the minor child.


Facts & Procedural History

Appellant husband appealed a supplemental final judgment of dissolution of marriage, specifically challenging the requirement to name his minor child …

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Appellant husband appeals a supplemental final judgment of dissolution of marriage relating to alimony and other matters. Several points were presented on appeal but only one has merit.

In the supplemental final judgment entered by the trial judge on March 1, 1978, appellant argues that the trial judge erred by directing appellant to name his minor child the irrevocable beneficiary of life insurance policies without regard to limitations as to duration.

A judgment of dissolution of marriage may include the requirement that the father maintain life insurance for the benefit of his children until such time as they reach majority,1 and when one reads the trial judge’s order as a whole, we believe that to have been his intent. However, in order to allay the fears of appellant as to any misinterpretation, we amend so much of the aforementioned supplemental final judgment entered below as it pertains to the maintenance of life insurance policies for the benefit of appellant’s minor child Christine to require the maintenance thereof until she reaches majority.

In all other respects, the aforementioned order is AFFIRMED.

HOBSON, Acting C. J., and SCHEB, J., concur. . Lithgow v. Lithgow, 340 So. 2d 1283 (Fla. 3d DCA 1977); Bosem v. Bosem, 279 So. 2d 863 (Fla. 1973).


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Citator

Cited By

  • Cantrell v. Home Life Ins. Co., 524 So. 2d 1063 (Fla. 5th DCA 1988)
    …la. 5th DCA 1981). See also sections 61.08(3) and 61.13(l)(d), Florida Statutes (1987). Because it merely is security for support, a court can order insurance only be maintained to secure a court ordered support obligation. See Kirkwood v. Kirkwood, 365 So. 2d 793 (Fla. 2d DCA 1978), cert. denied, 376 So. 2d 73 (Fla.1979). However, a parent or spouse can voluntarily agree to name and maintain another person, including a support beneficiary, as an insured under a life insurance policy. Such an agreement need n…

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